McNair v. Craig

Citations

• 36 S.C. 100
• 15 S.E. 135
• 1892 S.C. LEXIS 68

Syllabus

<p>1. Limitation of Estates — Powers.—Under deed of land in 1874 to A, in trust for the sole and separate use, benefit, and behoof of B, a married woman, and her children (she then having children), with the provisión, that upon the written request of B, the trustee may sell, dispose of, and convey any part, or the whole, of the said land and make good titles thereto and receive the purchase money and pay the same over to--B or ier-order, the married woman took an equal share with each of her children ; and she having parted, with her interest by a mortgage executed by the trustee on her written request, and a foreclosure and sale thereunder, her power under the deed was exhausted, and the purchaser became entitled to her share, and to a partition of the land between himself and the children.</p> <p>2. Trusts — -Execution.—The trustee having no duties to perform after the execution of the deed which conveyed B's interest, the trust was then executed, and the children of B took vested legal interests, which were subject to levy and sale under execution.</p>